Russia is about to enter a new era. A dry bureaucracy will "grind" the existing order and create a new system in which only "pieces" will remain of democracy.
Remember: on April 22, you have a chance to block 22 amendments that will turn our country into a still-civilized dictatorship.
A few dry facts so that you can assess the work done to change the reality for Mr. President. Why am I listing all this? To show that the initiator has already violated the law. Federal law N 33-FZ of 04.03.1998 "About procedure for acceptance and entry into force of amendments to the Constitution" states: "One law of the Russian Federation on an amendment to the Constitution of the Russian Federation covers only related changes to the constitutional text." We see directions that are not connected in any way. And there are more than 22 amendments, but this is not so significant.
37 articles that the changes affect :
50 laws that will change the updated constitution :
Since the Constitution has been violated more than once, as you will see later, it is not enough for Mr. President to simply "punch" his proposals in parliament. He needs national recognition of changes. Then he can spread his hands and say, "the voice of the people is the voice of God. And I'm just the tip of his finger". Therefore, when the amendments are adopted in the State Duma and approved in the Federation Council, the document will be submitted to the "all-Russian vote" in a single package.
We, so to speak, "the voice of God" must accept them all at once by secret ballot. It is obvious that a thinking person will fundamentally disagree even with at least one of the amendments. In any European country, the policy would have failed. But Russia is not Europe, and Mr Putin is absolutely confident of success
The president does not want to show disdain for "the people", so he observes all external formalities. The job is "lined up" – the document will not pass the State Duma and the Federation Council, but fly through them. Then, under the control of loyal supporters, the regions will provide the minimum number of state employees, pensioners, and military personnel required for turnout. And the votes "for" the amendments will be successful with any turnout of the population with any minimum margin of votes.
Therefore, if we do nothing, we will start living in a new state in May 2020, slowly but surely moving towards the political regimes of Latin America.
Before we go on to analyze the amendments, let's see what a beautiful political show Mr. Putin and his team played in front of a rather astonished audience. Assess the extent of the action. A sort of "Zemsky Sobor was created – the amendments were reviewed by a public commission" of 75 people. There were only 11 real legal experts. The performance with the involvement of stars was needed to show the democratic nature of the changes. Well, the commission included: Mashkov himself- a favorite of women and banks - with him; the virtuoso pianist Denis Matsuev, the combat writer Prilepin, the figure skater Rodnina, actors-directors Kalyagin and Shakhnazarov, as well as doctors, art critics, journalists and athletes. It's just a zoo.
Yes, all these people are famous in their profession. But they do not have the competence to review the constitution. What do they have in common? All of them received abundant funding from government agencies for their projects. All of them are the same lobbyists as Mr. Klishas, only a smaller caliber and therefore loyal to Mr. President totally. They were told to play the show – they came and played it. Politicians and government officials did the same.
Of course, the appearance standards have been met. Invitations were sent out to independent experts from the commission on human rights and legal experts, but the vast majority refused to participate. Two reasons for refusal: disagreement with the majority of amendments and "the illegitimacy of the rapid decision-making on changing the constitution". For example, a well-known lawyer, Henri Reznik, said that he disagreed in principle with 19 of the 22 proposed amendments and did not want to take part in the work of the group, where he could not really influence the content of the document. An equally well-known lawyer, Morshchakova, reported on the unconstitutional nature of a number of amendments relating to the status of a judge, etc.
In simple terms, no one wanted to "get dirty" in this case.
The "public commission" was enthusiastic about the lack of opposition. "Their own people" attended , there is complete understanding and agreement. In general, why waste time when our wise president has already done everything? But Mr. Putin is a great director. The bread with butter and red caviar should be worked for. Therefore, here are the results of the discussion of amendments in the regions. How do you like the process of making 500 amendments to 22 amendments? This is despite the fact that in fact nothing can be made? This is already turning the performance into an outright mockery.
The document is passed to the State Duma, where it is discussed for less than 2 hours and accepted. Not a single vote against it at all. Did the deputies look at the document itself?
And how originally did the Chairman of the State Duma Volodin answer to the question of journalists about this high-speed mode of work: "When we work hesitantly and intermittently - you criticize us. But if we have received legislative initiatives today, should we keep them in the archive?".
There is no doubt that the document will be adopted and signed before April 22. The play is almost over, so we need to find out why it was played and what is at stake.
Let's figure out how we will live in a new way.
President's proposals: 22 amendments to the Constitution of the Russian Federation
1 Priority of the Constitution in the legal space of Russia. Requirements of international legislation and treaties, decisions of international bodies do not apply on the territory of Russia, if they entail restrictions on human and civil rights and freedoms, contradict the Constitution of the Russian Federation.
None. The constitution already has the highest legal force in the country and no international document can be higher than its provisions. The constitutional court has the right to refuse to execute the decision of the international court of justice of any level and any other instances. This change is not legal, but political and declarative in nature and is not aimed at Russians, but at European and overseas "partners", as Mr. President likes to call them.
2 Only Russians can hold key positions. Heads of subjects, members of the Federation Council, State Duma deputies, the Prime Minister and his deputies, Federal Ministers, heads of federal bodies and judges can not have foreign citizenship, a residence permit, or any other document that allows permanent residence in the territory of another state.
All interesting young and middle-aged personnel who moved to Russia from abroad, including from the CIS countries and were able to make a career in Russia, are cut off. Politicians like Khodorkovsky, businessmen like Chichvarkin will no longer be able to claim the presidency or the Prime Minister, even the Minister of Economy. It looks patriotic – "we let only our own people go up", people who have experience of life in other countries and are able to bring something new from other countries and other spheres are really blocked.
3 Only the citizen of the Russian Federation who has reached 30 years of age, resides in the Russian Federation, does not have foreign citizenship, residence permit or another document confirming the right to permanent residence in the territory of a foreign state has right to become a higher officer or head of the Supreme Executive body of a constituent entity of the Russian Federation. The federal law may set additional requirements for a candidate. A similar restriction will appear for deputies, senators, and judges.
Similar to point 2. You left Russia for at least a year to study, forget about the chair of not only the president of the Russian Federation, but even the governor.
4 Any citizen of the Russian Federation who has reached 35 years, permanently resides in the Russian Federation not less than 25 years, has not previously had a citizenship of a foreign state or residence permit or other document confirming the right to permanent residence of citizens of the Russian Federation on the territory of a foreign state may be elected President of the Russian Federation.
Tightening the residency requirement for the candidate: instead of living "at least 10 years", they put "25 years", instead of "not younger" they put "reached". Tightening of the selection criteria. Complete exclusion of persons of foreign origin and even those who just studied abroad.
5 One and the same person may not hold the office of President of the Russian Federation for more than two terms running.
"That's it, my patience is over". One person took a walk heartily, stayed 4 terms, and the rest are allowed only two terms. If you want more, change the constitution, if you can - they will give you.
6 Any citizen of the Russian Federation, over 30 years, not having citizenship of a foreign state or residence permit or other document confirming the right to permanent residence of citizens of the Russian Federation on the territory of a foreign state may be the head of a federal state body.
There is a restriction for the heads of federal state bodies: Federal ministries, services, agencies, the Central Bank of the Russian Federation, the Investigative Committee of Russia, the Central Election Commission of the Russian Federation, and so on.
7 The President of the Russian Federation, with the consent of the State Duma, shall appoint and dismiss the Prime Minister of the Russian Federation, whose candidacy has been approved by the State Duma on the proposal of the President of the Russian Federation.
Now the President will be able to dismiss only the Prime Minister, rather than the entire government. He will not need the real consent of the State Duma to dismiss. This is a useful addition that simplifies the change of persons in power. It is enough to remember what happened when Medvedev was dismissed, and what tricks the PR people did in order to update only 14 out of 30 seats under the guise of a complete change of government.
8 The President of the Russian Federation shall approve the structure of Federal Executive bodies on the proposal of the Prime Minister of the Russian Federation and make changes to it; in the structure of Federal Executive bodies, he determines the bodies that are managed by the President of the Russian Federation and the bodies that are managed by the Government of the Russian Federation. If the Prime Minister of the Russian Federation is dismissed by the President of the Russian Federation, the newly appointed Prime Minister of the Russian Federation does not submit, to the President of the Russian Federation, a proposal on the structure of Federal Executive bodies.
If the previous head of government resigns, the new Prime Minister does not change anything, does not make any proposals. That is, the status quo of the existing power structures, relations and powers remains. Given that a predictable and convenient figure is appointed to lead the government, the parties pre-agree on everything ten times - this is a reinsurance and rather a tribute to the conservatism of the person who started to make changes to the constitution, than a point that will be really important in the current political situation for the next 10-15 years.
9 The President of the Russian Federation shall accept the resignation of the Prime Minister of the Russian Federation, Deputy Prime Ministers of the Russian Federation, Federal Ministers, as well as heads of Federal Executive bodies whose activities are managed by the President of the Russian Federation.
The Prime Minister of the Russian Federation loses the right to accept the resignation of his subordinates. Now the President makes decisions. That is, the figure of the Prime Minister of the Russian Federation becomes less significant and independent.
10 The President of the Russian Federation shall appoint and dismiss Deputy Prime Ministers of the Russian Federation and Federal Ministers whose nominations have been approved by the State Duma.
In the following article: he appoints the heads of Federal Executive bodies (including Federal Ministers responsible for defense, state security, internal affairs, justice, foreign affairs, emergency prevention and disaster response, and public security, after consultation with the Federation Council.
Removed from the Constitution:
Similar to point 9. Now the President, not the Prime Minister, determines the composition of the government. It is emphasized that the President is directly accountable to the "power bloc": the defense ministry, FSB, Ministry of Internal Affairs, Ministry of Justice, MFA, Ministry of Emergency Situations and the National Guard.
11 The President of the Russian Federation shall appoint and dismiss prosecutors of the constituent entities of the Russian Federation after consultation with the Federation Council; he appoints and dismisses prosecutors other than city and district prosecutors and equivalent prosecutors.
12 The Constitutional Court of the Russian Federation is the supreme judicial body of constitutional control in the Russian Federation which exercises judicial power through constitutional proceedings to protect the constitutional order, fundamental rights and freedoms of human and citizen, ensuring the supremacy and direct action of the Constitution of the Russian Federation on the territory of Russian Federation. The Constitutional Court of the Russian Federation consists of 11 judges, including the President of the Constitutional Court of the Russian Federation and his Deputy.
The definition of the constitutional court as "autonomous and independent" has disappeared. The number of judges of the constitutional court from the maximum number of 19 is reduced to 11. Why do we need "extra mouths" in complete unanimity and governance?
13 The Constitutional Court of the Russian Federation at the request of the President of the Russian Federation checks the constitutionality of laws adopted in the manner prescribed by Part 3 of Article 107, and Paragraph 2 of Article 108 of the Constitution of the Russian Federation, before their signing by the President of the Russian Federation.
The Russian President will now use the constitutional court in conflict with the Parliament and will be able to block any federal or federal constitutional law at will.
14 At the request of the President of the Russian Federation in the procedure established by the federal constitutional law, the constitutionality of laws of subjects of the Russian Federation is verified before the signing by the higher official of the subject of the Russian Federation (head of higher executive body of state power of a subject of the Russian Federation .
The President can use the constitutional court to "check" for "constitutionality" and block laws proposed in the regions.
15 The President of the Russian Federation shall submit to the Council of the Federation candidates for appointment to the post of Chairman of the Constitutional Court of the Russian Federation, Deputy Chairman of the Constitutional Court of the Russian Federation and judges of the Constitutional Court of the Russian Federation, Chairman of the Supreme Court of the Russian Federation, Deputy Chairman of the Supreme Court of the Russian Federation and judges of the Supreme Court of the Russian Federation; shall appoint the chairmen, deputy chairmen and judges of other federal courts.
It is time to forget about the independence of the judicial branch of the Executive power. Yes, all this is already implemented in the laws "on the Constitutional Court of the Russian Federation", "on the Supreme Court of the Russian Federation", "on the status of judges in the Russian Federation". But, before there was an opportunity to influence their change, and now we have to start with the constitution. Given the new level of dependence of judges and the selection of figures that are completely under the control of the President, the independence of judges can be forgotten.
16 The President of the Russian Federation shall terminate the powers of judges of the Constitutional Court of the Russian Federation, judges of the Supreme Court of the Russian Federation, judges of cassation and appeal courts if they commit an act that discredits the honor and dignity of the judge, as well as in other cases provided for by the Federal Constitutional law that indicate that the judge cannot exercise his / her powers.
Now it is impossible to achieve the resignation of a judge bypassing colleagues. Like the previous amendment, the removal of judges by the president directly violates the constitution and the federal constitutional law on the powers of judges. The judiciary loses all hints of independence and is completely under the control of the President of the Russian Federation.
17 The President of the Russian Federation forms the State Council of the Russian Federation to "ensure the coordinated functioning and interaction of public authorities, determine the main directions of domestic and foreign policy of the Russian Federation and priorities of socio-economic development of the state". The status of the State Council of the Russian Federation is determined by Federal law.
The State Council of the Russian Federation - a "hat", a certain gathering of sold-out officials and a number of existing ones, and had the status of an advisory one. It includes former high-level functionaries who support the president. And now, for some reason, they are being given a number of functions of the government, ministries, and even the presidential administration. So, the State Council becomes a constitutional institution. The president will form it. "The State Council will provide a number of exclusive powers of the President of Russia". A question arises: Does the president doubt that the government is able to fully perform its duties? And what should it do and will it do if the State Council determines foreign and domestic policy? What is this, a new Politburo? We will wait for a federal law that will explain the real functions of this closed meeting of elders.
18 Article 95 introduces and legalizes the "colloquial" name of a member of the Federation Council "senator".
The attitude to this word among the authorities and legal experts is polar to the point of idiocy. It is not in the official texts. One group believes that its use is incorrect, since we do not have a senate, but a Federation Council. Others believe that it is high time to use "senator" instead of the not too convenient "member of the Federation Council". It seems that in 20 years of rule, Mr. Putin is already tired of this "storm in a glass", and he legalized the word and its use. It is ridiculous, but changing the name of the Federation Council to the Senate would require a change in the first chapter, and therefore the adoption of a new constitution. So now senators will sit in the Federation Council.
19 Any citizen of the Russian Federation who has reached 30 years of age, permanently resides in the Russian Federation, does not have citizenship of a foreign state or residence permit or other document confirming the right to permanent residence of the citizen of the Russian Federation on the territory of a foreign state may be a member of the Federation Council (Senator of the Russian Federation .
This clause is introduced solely in order to correct the strict residency requirement of the federal law. There, candidate must live in the territory of the given region.
20 Any citizen of the Russian Federation over 21 years and has the right to vote, permanently resides in the Russian Federation, and does not have a foreign citizenship or residence permit or other document confirming the right to permanent residence of citizens of the Russian Federation on the territory of a foreign state may be elected Deputy of the State Duma.
Consolidating the existing ban on foreign citizenship in the constitution and the introduction of a residency requirement.
21 The President of the Russian Federation shall consult with the Council of Federation of the Russian Federation on candidates for the post of heads of federal executive bodies (including federal ministries , dealing with defense, state security, internal affairs, justice, foreign affairs, prevention of emergencies and elimination of ##### Consequences of natural disasters, public safety, on nominations for the post of public prosecutors of constituent entities of the Russian Federation..
It is unclear how the consultations will take place. It is also unclear what is the point of holding consultations on the candidates of the power bloc and prosecutors. This is similar to the format of familiarizing the Federation Council with selected individuals, perhaps getting some additional information about those who will be offered the appropriate posts.
22 Article 103. Changing the wording from "giving consent to the President" to "approval by the President".
A beautiful fig leaf that doesn't change anything in principle.
23 If the President of the Russian Federation requests the Constitutional Court of the Russian Federation to verify the constitutionality of a federal law within the specified period, the term for signing such a law shall be suspended while the Constitutional Court of the Russian Federation considers the request. If the Constitutional Court of the Russian Federation confirms the constitutionality of the federal law, the President of the Russian Federation shall sign it within three days from the date of the relevant decision by the Constitutional Court of the Russian Federation. If the Constitutional Court of the Russian Federation does not confirm the constitutionality of the federal law, the President of the Russian Federation shall return it to the State Duma without signing it.
If the president doesn't like a law, it will be almost impossible to pass it. Previously, in the event of a conflict with parliament, he could veto a law passed by both houses. But deputies and senators could override the veto by a qualified majority, and the president was required to sign the law. Now the head of state appeals to the constitutional court, and "his people" are there. It is enough to indicate that the law is contrary to the constitution, and the president should not sign it. Moreover, now the president, with the help of the constitutional court, will be able to block the signing and entry into force of the federal constitutional law. Previously, the head of state could not reject it in principle.
24 Local government bodies and state authorities are part of the unified system of public power in the Russian Federation and interact to solve problems in the most effective way in the interests of the population living in the relevant territory.
The term "public authority"appeared in the constitution. It combines state power and local self-government, which remains formally independent of it, into a single system. It is obvious that a reform is coming which will change the status of local self-government. But what awaits us is unclear.
25 Local government in the Russian Federation shall be guaranteed the right to judicial protection, compensation for additional costs incurred as a result of decisions, implementations by local authorities in cooperation with the state authorities of public functions and powers of national importance, and also the prohibition to restrict the rights of local government established by the Constitution of the Russian Federation and federal laws.
Previously, the state government compensated for additional expenses incurred by local governments due to any of its decisions. Now only for decisions within the general vertical of power. And this means that everything that is done independently is not paid for. The initiative is being reduced and is not welcome.
26 The minimum wage is guaranteed at a rate not less than the subsistence level of the working-age population in the whole of the Russian Federation, with the corresponding indexation of welfare benefits and other social benefits.
The amendment protects the poor from situations where the government may decide to economize on them and "freeze" the amount of pensions, social benefits, etc. in spite of rising inflation. The decision has no negative Consequences. On the other hand, it does not in any way compensate for the Consequences of changing the retirement age, but only "sugarcoats it".
27 The pension system is formed on the basis of the principles of generality, fairness and solidarity of generations. Its effective functioning is maintained, and the amount of pensions is regularly indexed in accordance with the procedure established by Federal law.
An absolutely unfounded and populist statement. First, there is no universality or fairness. The very fact of increasing the retirement age automatically excludes the chance of about 30 million people to live to retirement, 80% of whom are men. Secondly, the pension of working pensioners will not be indexed automatically. Third, it is at least incorrect to call a situation where young people pay for people who have already worked for their pensions and earned them- a solidarity. This means that the funds honestly earned by previous generations are stolen.
28 Decisions of interstate bodies adopted on the basis of provisions of international treaties of the Russian Federation in their interpretation contradicting the Constitution of the Russian Federation are not subject to execution in the Russian Federation.
This amendment will allow Russian authorities not to execute decisions of interstate bodies if they are not profitable for them. To do this, the judges of the constitutional court will have to prove that the documents have provisions that violate the constitution. It is obvious that if such a need arises, those in power will have arguments. What exactly Putin is preparing for remains to be assumed, but the confrontation is clearly inevitable.
Let’s sum up. Part of the amendments is a political declaration to our foreign partners on the independence and readiness to honour our sovereignty at any cost. There is a possibility to get permission from the constitutional court not to execute decisions of interstate bodies, foreign courts and arbitral tribunals in Russia.
Another part of the amendments is cosmetic, like introducing the word "senator" and fixing the wording of federal laws in the constitution. The third part allows for making the movement of candidates for officials more flexible – now you do not have to live in the same region in which you are offered a post.
There remains the last part for which all this grandiose action was started. And the result can't please a thinking person.
The 2020 Constitution becomes unconstitutional in its essence, since there can be no question of equality of opportunities for all citizens of the Russian Federation. The existing pension system, which is not beneficial to Russian citizens, is being consolidated. The judiciary loses its independence and is completely under the control of the President of the Russian Federation. The Duma and the Federation Council will not be able to pass laws that the president does not like.
The government is losing a number of key functions and is becoming almost a herd of stupid performers, because the State Council – a cohort of elected elders- will determine our foreign and domestic policy. The Prime Minister of the Russian Federation will become a largely independent figure, unable to decide who will be responsible for the work of the executive power. Yes, he decides on the candidates of Deputy Prime Ministers and Ministers of the non-power bloc. But because of the strengthening of the role of the president and the State Council, his role will now be close to a "wedding General”, and in a number of areas, his functions will be reduced almost to secretarial duties. In other words, it used to be possible for two free people to interact with their experience and opinions on how to run the country. Now, thanks to the new constitution, we get a civilized dictator and his home secretary, posing like "What can I do for you".
The political system of the Russian Federation "is becoming a doll", the authorities are actually blocking people who are outside the official vertical and bureaucracy turns almost into the closed class of an anecdote of the Brezhnev era. The grandson asks his grandfather:
And finally, we are waiting for the unification of the federal, regional and municipal authorities into a single vertical, up to self-government. What it will be, how it will be – is unknown. But the fact that the population is losing the last crumbs of independence is obvious.
Everyone, ladies and gentlemen, forget about democracy. All verticals of executive power are losing their independence and become tied to one figure- the President. Dreams of a "strong hand" and a "new Stalin" are unrealistic. Politicians and officials are "on the take". We see the gradual transformation of the state apparatus into a mafia and the transformation of the president into a Don, which is typical for Latin American regimes. There, the executive authorities are almost identical to the mafia and work exclusively for themselves. The judges are corrupt and act in the interests of those who have money. It would seem that this does not surprise us. But, there was always a chance to appeal the decision of the regional court to the federal court, the opportunity to use the media to inflate the scandal and bring the violator of the law "to clean water".
Now all this will work only in one case- if it does not affect the interests of the president's pawns. And all the money streams will flow to him and his people one way or another. Therefore, either enter the clan and solve your problems without involving the police and the court, or give what the stronger one wants to take away from you and keep quiet if you want to save your life and health.
In the meantime, Mr. Putin is slowly but surely forging his " ring of omnipotence". Remember: "And one, the all-powerful - to the Lord of Mordor. To separate them all, to bring them all... and in the darkness bind them. Under the all-powerful dominion of the Lord of Mordor". I would like to know who will be the one who will be entrusted to turn Russia into Mordor? After all, Mr. President himself seems to be doing his last term and has changed the constitution accordingly.
And well, in order for the people to accept all this, "carrot-and-stick" is provided: guarantees for indexing pensions, benefits, etc.They will absolutely not change the plight of the majority of the population. But this will be the reason why donkeys will be called to the polls. Don't you think they're buying us cheap?!
https://ria.ru/20200213/1564661581.html
http://www.consultant.ru/document/cons_doc_LAW_18043/6b17eaf9969487abaf70dbce7d3b2b173218f66f/
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http://kremlin.ru/events/president/news/62582
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https://meduza.io/feature/2020/01/29/putin-reshil-radikalno-perepisat-konstitutsiyu-rossii-meduza-publikuet-polnyy-tekst-novoy-konstitutsii-s-kommentariyami-k-kazhdoy-popravke
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